Chapter DOC 302

DOC 302.30(3) (3) If the probationer has not been sentenced, both of the following shall apply:

DOC 302.30(3)(a) (a) The probationer shall be returned to court for sentencing.

DOC 302.30(3)(b) (b) The term of the sentence shall begin on the date of sentencing unless the sentence is consecutive to another sentence.

DOC 302.30 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.31 DOC 302.31 Effect of escape on sentence. The following shall apply to the sentence calculation of an inmate who escapes from custody:

DOC 302.31(1) (1) An inmate who escapes from custody shall receive no credit toward the service of the sentence during the period the person is unlawfully absent from custody.

DOC 302.31(2) (2) An inmate shall be regarded as unlawfully absent unless he or she is in the custody of law enforcement officials of any state or the United States.

DOC 302.31(3) (3) An inmate may not receive credit for time in custody while serving a sentence for a crime committed in a jurisdiction outside of Wisconsin while in escape status.

DOC 302.31 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.32 DOC 302.32 Waiver of good time, mandatory release, or release to extended supervision.

DOC 302.32(1) (1) An inmate may make a request to waive good time, mandatory release, or release to extended supervision.

DOC 302.32(2) (2) The inmate’s request shall be in accordance with all of the following:

DOC 302.32(2)(a) (a) Requests shall be submitted in writing to their assigned social worker.

DOC 302.32(2)(b) (b) Requests shall be submitted between 30 and 90 days before the projected mandatory release date or extended supervision date.

DOC 302.32(2)(c) (c) The amount of good time waived, the extension of the mandatory release date, or extended supervision date shall not exceed 180 days.

DOC 302.32(2)(d) (d) Good time, mandatory release, or extended supervision that is waived shall not be reinstated, except for good cause.

DOC 302.32(3) (3) The administrator shall approve or deny waivers based on resources of the department and needs of the inmate.

DOC 302.32(4) (4) The decision shall be in writing and not subject to appeal.

DOC 302.32(5) (5) The warden may submit a request to waive good time, mandatory release, or release to extended supervision on behalf of the inmate in extraordinary situations. Requests made under this subsection are not subject to s. DOC 302.32 (2).

DOC 302.32 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.33 DOC 302.33 Extra good time for inmates not covered by 1983 Wis. Act 528.

DOC 302.33(1) (1) This section applies to inmates who committed their crime before June 1, 1984 and did not choose to have 1983 Wis. Act 528 apply to them.

DOC 302.33(2) (2) An inmate shall earn extra good time under all of the following circumstances:

DOC 302.33(2)(a) (a) By performing above average in a vocational, education, or job assignment.

DOC 302.33(2)(b) (b) By being involuntarily unassigned.

DOC 302.33(2)(c) (c) By being in one of the following statuses and earning extra good time immediately prior to placement in the status:

DOC 302.33(2)(c)1. 1. Administrative confinement under ch. DOC 308.

DOC 302.33(2)(c)2. 2. Observation under ch. DOC 311.

DOC 302.33(2)(c)3. 3. Temporary lockup under s. DOC 303.10

DOC 302.33(2)(c)4. 4. Disciplinary separation under s. DOC 303.72.

DOC 302.33(2)(c)5. 5. Out of the institution for a court or medical appointment.

DOC 302.33(3) (3) An inmate shall earn one day of extra good time credit for every 6 days in an eligible status.

DOC 302.33(4) (4) If an inmate is entitled to extra good time for any fraction of a calendar day, that whole day shall be credited.

DOC 302.33 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.34 DOC 302.34 Special action release program.

DOC 302.34(1) (1) In accordance with s. 304.02, Stats., the special action release program authorizes the secretary to relieve crowding in institutions by releasing select inmates to parole supervision other than by mandatory release or a discretionary parole.

DOC 302.34(2) (2) To be eligible for special action release consideration, the inmate shall meet all of the following:

DOC 302.34(2)(a) (a) Be parole-eligible under s. 304.06, Stats., and ch. PAC 1.

DOC 302.34(2)(b) (b) Not be serving a life sentence.

DOC 302.34(2)(c) (c) Not be serving a bifurcated sentence under s. 973.01, Stats.

DOC 302.34(2)(d) (d) Not have been previously granted a special action release under this section if currently serving time on a new criminal conviction.

DOC 302.34(2)(e) (e) Have served a minimum of 6 months in the Wisconsin prison system.

DOC 302.34(2)(f) (f) Be within 18 months of mandatory release on the date of the special action release.

DOC 302.34(2)(g) (g) Never have had a felony or misdemeanor conviction for an assaultive crime.

DOC 302.34(2)(h) (h) Have no known history of assaultive conduct inside or outside of a correctional institution, except that an inmate who has a known history of assaultive conduct that did not result in a conviction may be considered for special action release if one of the following applies:

DOC 302.34(2)(h)1. 1. The conduct occurred more than 5 years prior to SAR review by the social worker under sub. (5).

DOC 302.34(2)(h)2. 2. The inmate acted in self-defense or defense of property.

DOC 302.34(2)(h)3. 3. The inmate is to be released to a structured living arrangement such as a halfway house.

DOC 302.34(2)(h)4. 4. The inmate’s conduct was an isolated incident not likely to be repeated.

DOC 302.34(2)(h)5. 5. The inmate’s age or physical condition makes repeat of the assaultive conduct unlikely.

DOC 302.34(2)(i) (i) If an active detainer exists in another jurisdiction, the remainder of that sentence is equal to or longer than the remainder of the Wisconsin sentence and the jurisdiction issuing the detainer intends to obtain custody of the inmate immediately upon release.

DOC 302.34(2)(j) (j) Have an approved parole plan.

DOC 302.34(2)(k) (k) If to be supervised in another state, shall be accepted for supervision by that other state.

DOC 302.34(2)(L) (L) Agrees to intensive supervision and any other special conditions the agent or secretary may impose.

DOC 302.34(3) (3) An inmate is eligible for special action release to parole supervision without meeting the eligibility criteria of sub. (2) if all of the following conditions are met:

DOC 302.34(3)(a) (a) The inmate population equals or exceeds the statewide inmate population limit promulgated by rule under s. 301.055, stats.

DOC 302.34(3)(b) (b) The inmate is not currently incarcerated regarding a felony conviction for an assaultive crime.

DOC 302.34(3)(c) (c) The institution social worker or the agent has reason to believe the inmate will be able to maintain himself or herself in society without engaging in assaultive activity.

DOC 302.34(3)(d) (d) The inmate is not granted a special action release more than 18 months before their expected release date under s. 302.11, stats.

DOC 302.34(3)(e) (e) The inmate is eligible for release under s. 304.06 (1) (b), Stats.

DOC 302.34(4) (4) An inmate may waive eligibility for SAR consideration at any time by notifying the institution social worker, except that an inmate who has an active detainer may not waive eligibility for SAR consideration. To reestablish eligibility following a waiver, the inmate shall notify the institution social worker that the inmate no longer waives eligibility for SAR consideration.

DOC 302.34(5) (5) The following steps shall be taken in preparing an SAR referral:

DOC 302.34(5)(a) (a) The social worker shall review inmate files to identify inmates who may be eligible for SAR consideration. The social worker may contact the agent to obtain further information concerning an inmate’s eligibility.

DOC 302.34(5)(b) (b) If an inmate appears to be eligible for SAR consideration, the social worker in consultation with the inmate shall develop a parole plan that considers the inmate’s institutional conduct, the inmate’s resources, and plans for the inmate’s residence and job placement upon release.

DOC 302.34(5)(c) (c) The social worker shall send a copy of the parole plan to the agent, the SAR coordinator, and the social worker’s supervisor.

DOC 302.34(5)(d) (d) The department shall notify in writing the office of the district attorney that prosecuted the inmate, the court that sentenced the inmate, and the victim of the crime committed by the inmate, if the victim submits a card under s. 304.06 (1) (f), Stats., that the inmate is being considered for SAR. The notice shall advise the district attorney, court, and the victim that they are permitted to submit written comments regarding the proposed release, which will be placed in the special action release record developed by the SAR coordinator for the secretary. The notice shall be mailed at least 21 days before the secretary under sub. (5) makes a decision concerning the release of the inmate.

DOC 302.34(5)(e) (e) Upon receipt of the parole plan from the social worker, the agent shall carry out an investigation to determine if the plan is appropriate and shall include in that investigation assessments of the inmate’s proposed residence, employment, and community treatment plans.

DOC 302.34(5)(f) (f) If the plan is not appropriate, the agent shall suggest alternatives to the inmate and social worker and attempt to develop an acceptable plan in consultation with the inmate and social worker.

DOC 302.34(5)(g) (g) In addition to the rules provided under ch. DOC 328, the agent may develop additional written rules and specific conditions for the inmate’s parole supervision to achieve the goals and objectives of supervision under ch. DOC 328.

DOC 302.34(5)(h) (h) The agent shall write a report that shall include the results of the agent’s investigation. The report shall address probable reaction to the inmate in the community where the inmate proposes to reside and shall contain other relevant information that is not available to the institution.

DOC 302.34(5)(i) (i) The agent shall send a copy of the report under par. (h) to the SAR coordinator.

DOC 302.34(5)(j) (j) The SAR coordinator shall assemble all relevant documents on an inmate, including the inmate’s parole plan, the agent’s report, any comments received from the district attorney’s office, judge, or victim, a summary of the inmate’s arrests and convictions, reasons why the parole commission denied parole, if applicable, and any other relevant information requested by the secretary.

DOC 302.34(5)(k) (k) The SAR coordinator shall submit the relevant information to the secretary for consideration.

DOC 302.34(6) (6) The secretary may consider the following factors in deciding whether to grant or deny an SAR:

DOC 302.34(6)(a) (a) Parole eligibility.

DOC 302.34(6)(b) (b) The inmate’s criminal record, the nature of the offense of which the inmate was convicted, and any known history of assaultive conduct outside a correctional institution.

DOC 302.34(6)(c) (c) Institutional adjustment.

DOC 302.34(6)(d) (d) Adequacy of the parole plan.

DOC 302.34(6)(e) (e) Population pressures.

DOC 302.34(6)(f) (f) Risk to the public safety.

DOC 302.34(6)(g) (g) Any other factors that relate to whether the inmate will be able to comply with the rules of parole and maintain himself or herself in open society without engaging in assaultive or any other criminal activity.

DOC 302.34(7) (7) If the SAR is granted, the secretary may impose in writing any special conditions that are appropriate. The secretary may modify the conditions of the former inmate’s special action release at any time until discharge from supervision, and the agent may modify the rules and specific conditions of the inmate’s parole supervision at any time until discharge from supervision. The conditions that the secretary may impose include the following:

DOC 302.34(7)(a) (a) A period of intensive supervision that requires the former inmate to report to the agent on the first day of release and to contact the agent in person at least once a week for a minimum of 90 days, and that requires the agent to visit the former inmate’s place of residence or employment once a month during the period of intensive supervision.

DOC 302.34(7)(b) (b) Restrictions on residence.

DOC 302.34(7)(c) (c) Restrictions on travel and local movement.

DOC 302.34(7)(d) (d) Restrictions on associations.

DOC 302.34(7)(e) (e) Restrictions on possessions.

DOC 302.34(7)(f) (f) Restrictions on consumption of drugs and alcohol.

DOC 302.34(7)(g) (g) Requirements for inpatient or outpatient treatment, including treatment for alcohol abuse or other drug abuse.